Case law

Davison v. Roadway Express, Inc.

562 F. Supp. 2d 971 · District Court, N.D. Ohio · Aug 8, 2008

Third Prong: Plaintiff Had Qualifying Serious Health Condition Defendant argues that, even if there was notice of his second leave extension, Plaintiff has not shown that he had a qualifying “serious health condition” under … Dombeck was not a qualified health care provider. In Olsen , the court found the chiropractor was not qualified.

Curry v. Theaker

District Court, N.D. Ohio · Nov 16, 2021

The Federal Defendants claim sovereign immunity. … An individual employee or supervisor, who does not otherwise qualify as an “employer” as defined by the statute cannot be held liable under Title VII. See Wathen v. Gen. Elec.

Weiss v. Bowling Green State University

District Court, N.D. Ohio · Sep 30, 2022

The individual Defendants alleged Doe failed to state a claim with respect to each of the above, and also, that each individual was entitled to qualified immunity. (Doc. … These allegations “must demonstrate that each defendant [official], through his or her own individual actions, personally violated plaintiff’s rights under clearly established law.” Id.

Sandusky Land, Ltd. v. Uniplan Groups, Inc.

400 F. Supp. 440 · District Court, N.D. Ohio · Sep 5, 1975

But as the Second Circuit recognized in Lanza, supra, each case must be determined upon the facts which are established by the parties. This view was clearly demonstrated in Katz v. … To be sure, services can be consideration qualifying one as a purchaser of a security interest, as plaintiffs contend.

City of Cleveland, Ohio v. City of Brook Park, Ohio

893 F. Supp. 742 · District Court, N.D. Ohio · Jul 19, 1995

Brook Park then enacted ordinances establishing procedures for the obtaining of a conditional use permit. … Similarly, Ord. 7863-1993 allows any government entity to apply for immunity from all zoning ordinances.

Cuyahoga Metropolitan Housing Authority v. City of Cleveland

342 F. Supp. 250 · District Court, N.D. Ohio · May 5, 1972

Statutes such as this ordinance are particularly immune from repeal when it is impossible to make one party to the contract whole by the payment of money damages. … Ordinance No. 2092-52 referred to by amici which purports to require the approval of the Cleveland City Council the establishment of any new low rent housing project in the City of Cleveland is clearly not a valid ordinance

Piascik v. Cleveland Museum of Art

426 F. Supp. 779 · District Court, N.D. Ohio · Dec 2, 1976

Grossman conveyed this information to Director Lee, who determined that Piascik was not qualified for employment at the Museum. … In commenting on the evidence, the trial court observed: “The evidence deduced at trial clearly establishes that the applicant was not rejected because of racial discrimination but for a legitimate, non-discriminatory reason

Wade v. Put-In-Bay Police Department

District Court, N.D. Ohio · Jul 23, 2025

Second, Defendants claim all Officers are entitled to qualified immunity. Id. Third, Defendants argue the Count against Village of Put-In-Bay fails to allege municipal liability. Id. at 9. … immunity”, the Court finds it unnecessary to reach the issue of qualified immunity.

Holt v. Olmsted Township Board of Trustees

43 F. Supp. 2d 812 · District Court, N.D. Ohio · Sep 18, 1998

Specifically, Defendant argues that Holt is not qualified to testify concerning the definition of her disorders. Defendant also asserts that Holt is not qualified to testify concerning the cause of her condition. … Moreover, there is no evidence that the costs of a permanent shift clearly exceeds the benefits associated with such a change.

Evans v. Chambers-Smith

District Court, N.D. Ohio · Aug 12, 2022

They also asserted qualified immunity as a defense. (Id., PageID #842.) Initially, the Court limited its review to whether Plaintiff exhausted his administrative remedies. … Qualified Immunity The Magistrate Judge recommends that the Court hold that Defendant Corbitt is not entitled to qualified immunity.

Orta v. Repp

District Court, N.D. Ohio · Dec 13, 2022

Because plaintiff has failed to establish that one of the two exceptions to the doctrine of absolute judicial immunity applies, I find that defendant is entitled to such immunity, and therefore, I must dismiss the case … District Judge 3 The parties address other issues in their briefs, including whether the defendant is entitled to qualified immunity and whether plaintiff’s substantive claims pass muster.

Willis v. Coughenour

District Court, N.D. Ohio · Mar 27, 2025

It is well-established that judges are entitled to absolute immunity from civil suits for money damages based on conduct and decisions they make during the performance of their judicial functions. Mireles v. … Plaintiff’s action as against Judge Coughenour clearly pertains to conduct occurring during the performance of the Judge’s official judicial functions as to which he is absolutely immune from suit.

Kovac v. Superior Dairy, Inc.

998 F. Supp. 2d 609 · District Court, N.D. Ohio · Feb 12, 2014

Discriminatory Discharge To establish discriminatory discharge, the ADA requires the plaintiff to show: (1) that he is disabled; (2) that he is qualified and able to perform the essential functions of the job; and (3) that … First, plaintiff must establish a prima facie case.

Davis v. State of Ohio

District Court, N.D. Ohio · Jul 8, 2025

The state 1 Plaintiff also alleges “other” defendants violated his constitutional rights (Doc. 1 at 1), but he does not clearly identify them. … Davis’ allegations are so incoherent, implausible, and unsubstantial that they do not provide a basis to establish this Court’s subject matter jurisdiction.

Sandusky County v. Blackwell

339 F. Supp. 2d 975 · District Court, N.D. Ohio · Oct 14, 2004

Both the map and street listing must clearly indicate any splits within the precinct. … Otherwise qualified citizens may simply fail to register. 1 H.R. Rep. 107-329(1), supra.

Bishop v. Pecsok

431 F. Supp. 34 · District Court, N.D. Ohio · Jun 18, 1976

This Court finds that if the defendant had used the objective criteria which he testified he applied, the plaintiffs clearly would have qualified, as Mr. … The second fact is that from the evidence in the case it was established that no blacks lived in Mr.

McCottry v. Runyon

949 F. Supp. 527 · District Court, N.D. Ohio · Oct 7, 1996

For purposes of handicap discrimination, the test established in Texas Dep’t of Community Affairs v. … was an otherwise qualified handicapped person apart from his handicap, and he was rejected under circumstances which gave rise to the . inference that his rejection was based solely on his handicap; 2) Once plaintiff establishes

Landrie v. Internal Revenue Service (In Re Landrie)

303 B.R. 140 · District Court, N.D. Ohio · Apr 22, 2003

A fair reading of these statutory definitions clearly shows that they are to be interpreted expansively; in the words of the Supreme Court of the United States, these definitions “reflect Congress’ broad view of the class … In most circumstances, the first step to the establishment of an outstanding tax obligation is for the I.R.S. to make an assessment of a deficiency against the taxpayer. Boone Trust v. Commissioner, T.C.

Henson, Sr. v. Lucas County Sheriff's Office

District Court, N.D. Ohio · Jul 17, 2025

The defense of qualified immunity shields government officials performing discretionary functions where their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … When a defendant raises qualified immunity, the burden shifts to the plaintiff to show “that the challenged conduct violated a constitutional or statutory right, and that the right was so clearly established at the time

Bier v. Fleming

538 F. Supp. 437 · District Court, N.D. Ohio · Sep 25, 1981

He further instructed Nick Tagg, Director of Security, to allow Bier into the backstretch area only on the days when Bier was driving or was entering qualifying races. … Fleming properly contends that he is immune from Bier’s claims for money damages in his official capacity because money damages are barred by the Eleventh Amendment.